Intellectual Property

December 22nd, 2007

Intellectual Property Rights in

India include among others Patent and Copyright Protection. The Legal Information on IP rights in

India relating to Patent and Copyright are available in the Patent Act and Patent Rules and Copyright Act and Copyright Rules 

The Legal Information on Patents in

India is available in the following Patent Acts and Rules and Amendments thereof. 

The Patents Act
-  The Patents Act, 1970
-  The Patents (Amendment) Act, 1999 dated 26th March, 1999
-  The Patents (Amendment) Act, 2002 dated 25th June, 2002
-  The Patents (Amendment) Act 2005 

Patents Rules 2003, dated 2nd May, 2003 (SO 493 (E))
-  The Patents Rules, 2003 (English Version)
-  The Patents Rules, 2003 (Hindi Version)
-  The Patents (Aamendment) Rules 2005 Dated 28-12-2004 (SO No. 1418(E) (English)
-  The atents (Aamendment) Rules 2005 Dated 28-12-2004 (SO No. 1418(E) (Hindi)
-  The Patents (Amendment)  Rules 2006 Dated 05-05-2006 (SO No. 657(E) 

The Legal Information on Copyrights in

India is available in the following Copyright Acts and Rules and Amendments thereof. The Link to download is provided below.HTML Format Therefore there is significant Legal protection for Intellectual Property and IP Rights including Patent and Copyrights in

India.

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    india patent invention

    December 6th, 2007

    A patent is a set of exclusive rights granted by a state to a patentee for a fixed period of time in exchange for a disclosure of an invention. There are three types of patents namely utility, plant, and design patent.

    Inventions are of two types - patentable inventions and non-patentable inventions.

    The rules for Patentable inventions are as follows:

    An invention should not be related to the natural laws.

    An invention should not cause immorality or which causes serious prejudice to human, animal or plant life or health or to the environment.

    It may be a discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substances occurring in nature.

    The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus is not patentable unless such known process results in a new product or employs at least one new reactant.

    A substance obtained by a mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance is not patentable.

    The mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way is not patentable

    A method of agriculture or horticulture is not patentable.

    Any process for the medicinal, surgical, curative, prophylactic diagnostic therapeutic or other treatment of human being or any process for a similar treatment of animals to render them free of disease or to increase their economic value is not patentable.

    Plants and animals in whole or any part other than microorganisms, but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals can be patented.

    A literary, dramatic, musical or artistic work or any other aesthetic creation, including cinematographic works and television productions can be patented.

    An invention related to atomic energy cannot be patented.

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    find patent and trademark attorneys

    December 6th, 2007

    Patents, trademarks and copyrights are areas that fall under intellectual property law because they are all considered intellectual property. In addition to there being attorneys that specialize in the broad intellectual property law area, there are also trademark attorneys, patent attorneys, and copyright lawyers that specifically deal with patents, trademarks and copyrights.

    These patent attorneys, trademark attorneys and copyrights attorneys can help you with legal issues surrounding the rights of ownership of patents, trademarks and copyrights; the application or registration of patents, trademarks and copyrights; licensing and transferring of rights; and the legal or illegal use of any of this intellectual property. The following are general descriptions of patents, trademarks and copyrights:

    * Trademark
    A trademark can be a logo, name, symbol, or device used to differentiate a product or service of one trader (or commercial entity) from that of another-brand identity. Trademark protection lasts for 10 years after registration, and is renewable.

    * Patent
    A patent is the grant of right to exclude others from making, using, selling, or importing an invention or discovery, including new and improved products and processes. Patents can be registered in foreign countries, last for 20 years and are renewable. But, if the patent expires, the exclusive rights to make, use, sell or import the invention or discovery is lost.

    * Copyright
    A Copyright is protection granted to authors of original authorship such as literary, dramatic, musical and artistic works, and computer software, as well as performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio and television programs. Example: The creators of your favorite music CD, movie, or computer game have a copyright on their work. Copyrights last for the life of an author plus 50 years.

    Because patents, trademarks and copyrights all fall under the broad area of intellectual property law, if you plan on obtaining a trademark, patent or copyright it is in your best interest to consult with a qualified trademark attorney, patent attorney or copyright lawyers to help you properly file for protection of your intellectual property. Find an attorney that’s right for you and your situation.

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    Intellectual Property Rights

    November 25th, 2007

    Intellectual Property Rights are the rights given to persons over the creation of their minds. They usually give the creator an exclusive right over the creation of their creation for a certain period of time.

    Intellectual Property law covers Patents, Trademarks and Copyright. These are sufficiently different in their nature that no one view can be said to pervade the international arrangements with respect to IP.

    Patents provide a monopoly right to the first person (or institution) to invent a product or process. To prevent others from exploiting on the inventiveness of a few and to encourage new inventions, inventors are granted an exclusive, but limited right to exploit their inventions for a certain time period (usually 20 years). This provides an incentive for future innovation. Patent regimes tend to vary a fair bit between nations. International agreements serve primarily to ensure that domestic Patentees are not given preferential treatment.

    Trademark law is intended to protect companies’ investment in the “good will” they develop in their name or mark and protect consumers from confusion. A trade mark is the word or symbol adopted and used by a manufacturer or merchant to identify his goods and distinguish them from those manufactured or sold by others.

    Copyright provides economic incentives for creation as well as protecting an authors’ creativity as embodied in a work. Copyright is the exclusive right to copy a creative work or allow someone else to do so. It includes the sole right to publish, produce or reproduce, to perform in public, to communicate a work to the public by telecommunications, to translate a work, and in some cases, to rent the work.

    Features of Intellectual Property Rights

    1. Intellectual property is intangible
    2. The rights to protect this property prohibit others from making, copying, using or selling the proprietary subject matter.
    3. Under biotechnology, one of the most important examples of intellectual property is the processes and products, which result from the development of genetic engineering techniques through the use of restriction enzymes to create recombinant D.N.A.

    Conclusion

    Intellectual property rights are a complex, multifaceted area and one in which corporate strategy is very poorly understood. Fundamentally, IPR management is a crucial activity best entrusted to experts in the field.

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    How to Patent an Idea?

    November 21st, 2007

    Is it possible to patent an idea per se?. Copyright protects expression and Patent laws protect inventions, but if you only have an idea and nothing more concrete you will not be protected. Many people will have great ideas, but will not be able to put that idea into a package appropriate for a patent because there is no invention, only a concept. Surely, the idea is the all critical first step in the invention process. After you come up with the idea or concept you now need to put together a game plan on how to carry that idea through. The idea and game plan together form what the law calls conception. Conception is an important concept in patent law because the first person to invent that will ultimately receive the exclusive rights on an invention.  There is however a way to protect an idea. If you can get someone to sign a confidentiality agreement, then they will be promising not to use your idea without your permission. This is not a form of intellectual property though. You are extracting a promise and if the person breaks that promise you can sue them for breach of contract.  Before shopping your ideas around it is always prudent to refine the ideas into a working invention. Then file some kind of patent application on the invention. By having a patent pending you have secured some rights, and you have an asset, even though it will not mature into an exclusive right until a patent is ultimately issued. With the patent pending you can decide to disclose even without a confidentiality agreement and still rest assured that what you have described in the pending application is yours. Therefore, if you cannot get an interested party to sign a confidentiality agreement and you still want to disclose, perhaps because they are a major company, disclose only after having some kind of patent application on file. A patent is expensive as it would involve a huge search to find out if your patent infringes an earlier one.Protecting an Idea

    Intellectual property law is a complex area and it is worth spending money on professional advice early on.The level of protection you wrap around your idea depends on what it is and whether it is legally possible to protect. It is difficult to protect a raw idea, but anything physical has potentially robust legal defenses. There are also other ’softer’ forms of protection and confidentiality agreements that may be more appropriate. Speed to market can be a factor.

    Alternatives to full patent protection

    You cannot patent an idea. A strong internet idea for example can be ‘protected’ by signing a Non-Disclosure Agreement but these often don’t have the legal teeth that you might expect.Rather than patent a process, the inventor could keep it completely secret and work alone, or in conjunction with others under a know-how or confidentiality agreement.

    The moral is that ideas are not protected. Think invention!

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